People v. Hayes

I respectfully dissent because there was not sufficient evidence from *167which the fact finder could conclude that defendant acted with intent to cause serious physical injury to the victim. Accordingly, since the circumstantial evidence adduced by the People was insufficient to prove, beyond a reasonable doubt, this element of manslaughter in the first degree, I would modify the judgment of conviction, to the extent of reducing it to manslaughter in the second degree, and remand the matter for resentencing.

Of course, in considering whether the evidence presented was legally sufficient to…